Kinder Morgan Louisiana Pipeline LLC

Original Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-257-000, Status: Effective

Original Sheet No. 166 Original Sheet No. 166

 

GENERAL TERMS AND CONDITIONS

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or letter of credit within twenty (20) days of written notice by

KMLP. Shipper or Anchor Shipper and KMLP agree that, notwithstanding

anything to the contrary in this Tariff, Shipper or Anchor Shipper

shall not be required to provide KMLP any form of credit support

other than the parent company guarantee or the letter of credit or

other substitute credit support mutually agreed. The credit

appraisal pursuant to the first sentence of this subsection (3)

shall be based upon KMLP's evaluation of the following information

and credit criteria:

 

(i) S&P and Moody's opinions, watch alerts,

and rating actions and reports, rating, opinions and other actions

by Dun and Bradstreet and other credit reporting agencies will be

considered in determining creditworthiness.

 

(ii) Consistent financial statement analysis

will be applied by KMLP to determine the acceptability of Shipper's

current and future financial strength. Shipper's balance sheets,

income statements, cash flow statements and auditor's notes will be

analyzed along with key ratios and trends regarding liquidity, asset

management, debt management, debt coverage, capital structure,

operational efficiency and profitability.

 

(iii) Results of bank and trade reference

checks and credit reports must demonstrate that a Shipper is paying

its obligations in a timely manner.

 

(iv) Shipper must not be operating under any

chapter of the bankruptcy laws and must not be subject to

liquidation or debt reduction procedures under state laws and there

must not be pending any petition for involuntary bankruptcy. An

exception may be made for a Shipper who is a debtor in possession

operating under Chapter XI of the Federal Bankruptcy Act if KMLP is

assured that the service billing will be paid promptly as a cost of

administration under the federal court's jurisdiction, based on a

court order in effect, and if the Shipper is continuing and

continues in the future actually to make payment.

 

(v) Whether Shipper is subject to any

lawsuits or judgments outstanding which could materially impact its

ability to remain solvent.